arez555 Posted April 29, 2010 Report Share Posted April 29, 2010 I am filling out a form for Consumer Demand for Arbitration before the American Arbitration Association. I am asking that AT&T pay for damages it has done to my credit rating. They used a collection company to collect on a debt that was an error on there part. After five years, AT&T has claimed it was an error on their part and is buying the debt back from the collection company. AT&T has paid the debt. Now here are my questions how do I write in legal terms that AT&T did damages to my credit causing me to pay higher interest rates on loans and credit cards? I also was denied credit and was required to pay a bigger deposit on an apartment because this collection was on my credit report. My second question is on the form it asked "Do you desire any non-monetary outcome?" do I leave it blank? On the previous question, "How much money do you believe you are owed?" I put $10,000 for 5 years of negative credit ratings. Thank you. Link to comment Share on other sites More sharing options...
trueq Posted April 29, 2010 Report Share Posted April 29, 2010 I'd try to put down FCRA violations. State consumer Act violations, and Deceptive trade practice act violations...many times they violate by doing or communicating something that is untrue. So if they communicated something untrue on your credit report and that was spread to others who pulled your report...big time violation of deceptive trade practice act in many states!I'd also put down FDCPA in the mix. AT&T is subject to FDCPA if it sent a collector after you.I'm arbitrating against these vultures right now. They are trying to worm their way out, but it looks like they will have to choke up for the AAA fees now!Just list the laws by name that were violated...you can get specific when you file the formal complaint later. Link to comment Share on other sites More sharing options...
arez555 Posted April 29, 2010 Author Report Share Posted April 29, 2010 Thank you. How about my second question on the form it asked "Do you desire any non-monetary outcome?" do I leave it blank? What do I put here if anything? Link to comment Share on other sites More sharing options...
jkg3 Posted April 29, 2010 Report Share Posted April 29, 2010 Thank you. How about my second question on the form it asked "Do you desire any non-monetary outcome?" do I leave it blank? What do I put here if anything?Non-monetary outcome is pointless, because the arbitrator is powerless to force ATT to do anything. As for your money damages, you need to be able to prove them. Why are you owed $10,000? How have you lost $10,000? Unless you can show a loss of $10,000 to the arbitrator, you will get nothing. One way to show a monetary loss is through statutory damages. Those are damages awarded as the result of violating a state or federal law that provides for statutory damages. For example, the FDCPA provides for $1,000 of statutory damages for a violation, in addition to other damages (which you must prove). Putting down $10,000, and not being able to support that amount with proven damages, will not look good to the arbitrator. Link to comment Share on other sites More sharing options...
arez555 Posted April 29, 2010 Author Report Share Posted April 29, 2010 Wouldn’t showing the arbitrator the collection on my credit report be evidence? That shouldn’t have ever been on my credit report. Due to the collection being on the credit report it caused damages to my credit. Link to comment Share on other sites More sharing options...
jkg3 Posted April 29, 2010 Report Share Posted April 29, 2010 Wouldn’t showing the arbitrator the collection on my credit report be evidence? That shouldn’t have ever been on my credit report. Due to the collection being on the credit report it caused damages to my credit.Evidence of an action is not evidence of damages.The report shows how the violation of law occured. It does not show how you were harmed by the violation. You must prove how you were harmed, or you must rely on statutory damages. Link to comment Share on other sites More sharing options...
arez555 Posted May 12, 2010 Author Report Share Posted May 12, 2010 I'd try to put down FCRA violations. State consumer Act violations, and Deceptive trade practice act violations...many times they violate by doing or communicating something that is untrue. So if they communicated something untrue on your credit report and that was spread to others who pulled your report...big time violation of deceptive trade practice act in many states!I'd also put down FDCPA in the mix. AT&T is subject to FDCPA if it sent a collector after you.I'm arbitrating against these vultures right now. They are trying to worm their way out, but it looks like they will have to choke up for the AAA fees now!Just list the laws by name that were violated...you can get specific when you file the formal complaint later.I am having trouble finding quotes for the violations stated above. Or the names of the laws that were violated. Any help would be appreciated. Link to comment Share on other sites More sharing options...
Chapel Hill Posted May 17, 2010 Report Share Posted May 17, 2010 Why aren't you using the applicable california statutes? Why are you using federal statutes in an arbitration where the neutral is licensed to practice law in California? The damages are the same just an easier route to use state statutes. Link to comment Share on other sites More sharing options...
Recommended Posts